Os efeitos do descumprimento contratual em contratos imobiliários de incorporação e loteamento - uma análise da Lei 13.786, de 27 de dezembro de 2018

Abstract

The present work deals with the emergence of Law 13,786, of December 27, 2,018, which "amends Laws 4,591 of December 16, 1964 and 6,766, of December 19, 1979, to discipline a resolution of the contract. for default of the real estate unit in real estate development and parceling of urban land ". This law improves the conditions of termination and prevents its participation in the processes of incorporation and overcoming, reintroducing rules for the loss of rights and restrictive payments. It introduces more serious and financial inefficiency to the detriment of consumers and therefore is basic consumerist principles, becoming illegal within a system as a rule about the rules rules. However, what is made of innovation and benefit for consumers -subsidies, must be applied in the face of the fundamental principle of consumer treatment, which can be defended by rules, not included in the Protection and Defense Code of Consumer.